Marstons home wreckers!!!!

[Ang6146]

Hi,

I am new to this forum but really really need some help!!!!!!!! I was visited yesterday morning by a 'Mr Costello' from Marstons Group. It was 7.25am. The reason for their visit was for a parking fine, I had parked on a piece of ground by my workplace on apparently 20/10/12 (later it turns out it was 04/12/13). I had been late for work and all of the disabled spaces were taken, I had displayed the blue disabled badge but still got a ticket. I got a letter dated 09/01/13 to call and make the £45 payment but due to having attention defeceit disorder, along with a spinal disability, I had pretty much forgotten about it. After payday at the end of March it dawned on me and I made the payment although it actually doesnt show on my bank statement until 02/04/13 due to Easter, I paid on the government website.

This gent turned up yesterday morning and advised I needed to pay £345 immediately and if I didnt he would be followed within the hour by bailiffs who would seize property. My husband was home and had a major fit, he paid the guy with his credit card and he went. Now my husband is saying he wants a divorce as he is fed up of me being in debt. I entered into an IVA last year, my attention defeceit causes me to spend large amounts without thinking through the consequences. Through this I spent a year as a day patient at the priory for clinical depression. Things were kind of going quite well but now all of this has ended. The bailiff would not listen to my pleas of financial difficulties.

I have spoken with Marstons today who have basically said that they sent a letter in February and if I hadnt received it then I should speak with the post office!!!!! Why arent things like this sent recorded delivery?? They said they will not refund anything and were not interested that my marriage and roof over my head are at stake. I then called the courts and pleaded with them, the woman there said that if I send a copy of my bank statement she will refund the £45 I paid online as according to her they still have no record of it!!!!

I just dont know what to do anymore, these guys are ruining my life and my already fragile state of mind. I just cant cope with this money having gone and the uproar it has caused. I just dont understand how £45 can become £345 in three months. Yes I was late paying, I get that, but this cant be lawful surely????

Please please help :'(

[bluebottle]

Re: Marstons home wreckers!!!!

Was this parking fine issued by a local council, a police force or a private parking company? Also, which court did you contact?

[CleverClogs]

Re: Marstons home wreckers!!!!

It looks as if Marstons have added an "admin fee" of £85 and an "attendance fee" of £215, as if the debt were a fine from a magistrates' court.

This seems to be more than slightly excessive - link, as amended link

[Ang6146]

Re: Marstons home wreckers!!!!

Hi, thanks for responding, it was a police fine x

[Ang6146]

Re: Marstons home wreckers!!!!

I had had a letter on 09/01/13 from Merseyside Magistrates Court. Does this mean I have no chance of getting my husband his money back?

[ploddertom]

Re: Marstons home wreckers!!!!

I'm confused with the dates & how this ended up as a Magistrates Court Fine.

You say initially the date of the offence was 20/12/2012 then change this to 4/12/2013 - I assume you mean 4/12/2012 - do I take this to mean the offence was committed on the first date & the Court hearing on the 2nd date? If you say you parked on a bit of ground then how come the Police became involved & what were you given a ticket for? I assume it was a Fixed Penalty Ticket which you never paid?

What was the letter you got from the Court on 9/1/2013?

[Inca]

Re: Marstons home wreckers!!!!

Ang...I appreciate you are very upset and frantic hun,,but if you can slow down a bit...answer ALL the questions the guys are asking you and try and keep events in chronological order you will get the best advice available.......

xxxxxxxxx

[Ang6146]

Re: Marstons home wreckers!!!!

Ok Im sorry..... The date of the offence was 04/12/12 but the guy at the door said 20/10/12 'you have had since October to pay' The ground where I was parked is kind of a large extension of pavement around the side of a shop that ultimately joins with private access to the rear of some other shops. I was parked well away from where anybody would ever need to walk but not on the private access ground which has yellow stripes on it. There arent any no parking signs and always (even today) 2 or 3 cars parked in this spot.

The only letter I have is the one dated the 9th January 2013 and this does not say anything about a court hearing. It just says the fine may be increased by up to 50% etc.

Is it worth me mailing Marsons and pleading my case or will that get me nowhere? Just dont know what to do next! Just praying that one of you kind gents (or ladies) out there can help me out of this enormous nightmare. Just cant think straight :'(

Really appreciate you all x

[CleverClogs]

Re: Marstons home wreckers!!!!

Try to get the purported "bailiff fees" itemised.

[bluebottle]

Re: Marstons home wreckers!!!!

Are you absolutely sure this is, in fact, a parking fine? The reason I say this is because parking fines were de-criminalised sometime ago and cannot be enforced through a magistrates court. It has to be done through Northampton Traffic Enforcement Centre, which is a civil court, not a criminal court.

Are you sure this is not a private parking firm sending out tickets that look like they have been issued by the police? These sort of tickets are not enforceable and it is a criminal offence to use a document which resembles or purports to be an official document.

It would help us a lot if you could be a lot clearer as to what this matter is actually about.

[bizzybob]

Re: Marstons home wreckers!!!!

Very strange, what bailiff is this again? Ah yes marstons, they would very probably misrepresent a civil council PCN, as a police FPN to garner extra fees and hope the debtore knows no better. If this is the case it is VERY Serious indeed, Could you post up what the notice said exactly please?

[CleverClogs]

Re: Marstons home wreckers!!!!

Very strange, what bailiff is this again? Ah yes marstons, they would very probably misrepresent a civil council PCN, as a police FPN to garner extra fees and hope the debtore knows no better. If this is the case it is VERY Serious indeed, Could you post up what the notice said exactly please?

Or, better still, a redacted scan of it?

[bizzybob]

Re: Marstons home wreckers!!!!

Or, better still, a redacted scan of it?

That would be best as the letterheads and official marks could be seen, hopefully it would be enough to hang Marstons, if they have misrepresented a civil PCN as a police fine.

As it happens i am going to a meeting where the local Police commissioner is guest speaker, in 5 minutes, if i get the chance i will ask what the p;osition is on Certificated bailiffs as criminals in their enforcement activities.

[CleverClogs]

Re: Marstons home wreckers!!!!

As it happens i am going to a meeting where the local Police commissioner is guest speaker, in 5 minutes, if i get the chance i will ask what the position is on Certificated bailiffs as criminals in their enforcement activities.

As he is a Police and Crime Commissioner, perhaps the antics of bailiffs are among the crimes he has chosen to commission?

[Ang6146]

Re: Marstons home wreckers!!!!

I am unsure how to be more specific. To make matters worse I destroyed the actual ticket in case my husband found it :-(
From Merseyside Magistrates court the letter says 'notification of fixed penalty and collection order, and then underneath it says, 'offences and penalties'
It then says 29/10/12 Offences and impositions
Fixed Penalty Ticket N11016833NTO issued on
04/12/12 at 10:55 am at NORWICH WAY. Vehicle reg MT61EXO/cause unnecessary obstruction by motor vehicle/trailer outside of the greater london area.
Total £45

The court has made a collection order to collect the sum due.

And it goes on pretty much like that. I will take a photo of where I was parked tomorrow and post it on here so you guys can get a better picture of where I was. There are local traffic wardens around the place but they dont bother about cars parked on this ground as I said there is usually three cars parked there.

Im still really keeping everything crossed. If I want a copy of the original ticket who would I request that from. The letter I have described above was sent by Merseyside Magistrates Court.

Again, thank you guys for stayin on this for me x x x